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Hi it's Wendy Hernandez with command the courtroom in today's video I want to talk with you a little about rules in the family law courtroom let me just say this rules in the family law courtroom are not meant to be broken if you break the rules of your judge that your judge has set, or you don't follow the rules of family law procedure or Civil Procedure or you don't follow the minute entry orders that the court has set you could suffer some really serious consequences in your case that could affect you and/or your family for the rest of your lives and the reason that this issue or this soft topic is at the top of my mind is because I've just had a trial within the last couple of days when an attorney did not follow the rules in the case and as a result I think her client is going to suffer some devastating consequences over some major issues so let me just tell you what happened in that case we were litigating that really hotly contested divorce case had been going on for about a year some issues in dispute were child custody parenting time child support spousal maintenance was huge the division of property and then another big issue was attorneys fees in other words was my client going to have to pay for the other party's attorneys fees, so I represented the husband and wife was making not only the claim for attorneys fees against him, but she was also making a request that he paid spousal maintenance in the amount of several thousand dollars over nearly a decade, so this was a huge bone of contention and one of the main reasons that the parties went to trial right before the trial the parties were able to work out almost all the custody and parenting time issues there was just like one or two issues that were minor that the judge had to take a look at so in the course of the trial it came up that mother had and or her attorney had not complied with the Arizona rules of family law procedure and what they failed to do in a timely fashion was to provide what's called an affidavit of financial information and that's a form in Arizona that people have to fill out whenever they're making any kind of m'Angel claim whether it's for child support or for spousal maintenance or for attorneys fees while mother and or her attorney failed to fill this form out in a timely manner they didn't get it filed by the date that the Rules of Civil Procedure said that they had to file it and as a result the judge wasn't really happy and the judge asked me at the very end of the trial whether I wanted to make a motion because they had failed to follow the rules so the motion that I made was that the court dismissed the spousal maintenance claim against my client and the attorneys fees claim against my client the court then went on to have a little of a conversation with the other attorney about was there any reason any legal reason why the court or the judge should not follow the rule which says that they shall, they should have, or they shall have filed this...

People Also Ask about

Is sole legal decision making the same as sole custody in AZ?

Commonly referred to as “sole custody,” sole legal decision-making gives one parent exclusive authority to make all legal decisions for his or her children. Sole decision-making is usually reserved for cases involving domestic violence between the parties or substance abuse by a parent.

What is legal decision making in Arizona?

"Legal Decision-Making" means the legal right and responsibility to make all nonemergency legal. decisions for a child including those regarding education, health care, religious training and personal care decisions. 2. "Joint Legal Decision-Making" means both parents share decision-making and neither parent's rights.

How do I get sole decision-making in Arizona?

How Can I Get Sole Child Custody of My Kids In Arizona? Go to the Clerk of Superior Court and ask to file a “Petition to Establish Legal Decision-Making (legal custody), Parenting Time and Child Support.” They will give you a packet of forms which you need to fill out. Serve the papers to the other parent.

What is joint legal decision-making with final say in Arizona?

In Arizona, when parents have joint legal custody, final say resides with “both” parents to agree on major decisions regarding their children. Only when one parent is given sole authority can they make decisions without the other parent. types of legal custody of children after a divorce.

What is the rule 10 in Arizona family law procedure?

Rule 10, Arizona Rules of Family Law Procedure, allows the Court to appoint a best interests attorney, a child's attorney, or a court appointed advisor in a case where there is (a) abuse or neglect allegation; (b) significant conflict between parents; (c) history of substance abuse or family violence; (d) there are

How do I get sole legal decision making in Arizona?

How Can I Get Sole Child Custody of My Kids In Arizona? Go to the Clerk of Superior Court and ask to file a “Petition to Establish Legal Decision-Making (legal custody), Parenting Time and Child Support.” They will give you a packet of forms which you need to fill out. Serve the papers to the other parent.

What does decision-making mean in law?

In the legal context, a decision is a judicial determination of parties' rights and obligations reached by a court based on facts and law. A decision can mean either the act of delivering a court's order or the text of the court's opinion on the case and the accompanying court order.

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What is arizona decision making form?

The Arizona decision making form is a legal document used to determine the custody and parenting time arrangements for minor children in a divorce or separation case.

Who is required to file arizona decision making form?

Any parent involved in a divorce or separation case in Arizona where children are involved is required to file the Arizona decision making form.

How to fill out arizona decision making form?

To fill out the Arizona decision making form, you need to provide information about the parents, children, and proposed custody arrangements. It is recommended to consult with an attorney or use a family law facilitator to ensure the form is completed correctly.

What is the purpose of arizona decision making form?

The purpose of the Arizona decision making form is to establish the legal decision-making authority and parenting time schedules for each parent regarding the upbringing and care of their children.

What information must be reported on arizona decision making form?

The Arizona decision making form requires the reporting of information such as the names and contact details of the parents and children, proposed custody arrangements, and any existing court orders or agreements related to the children.